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What’s happening in the industry

PROTECTING TREVOR NOAH

Trevor Noah has recently been appointed as the new host of The Daily Show on Comedy Central. The Daily Show is a late night talk and news satire television program which airs Monday to Thursday and premiered in 1996. The…
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BLURRED LINES / I KNOW YOU WANT IT ?

The singer, Robin Thicke, has just lost a R90 million Rand court case for copying a Marvin Gaye song. A court has found that Robin Thicke and producer Pharell Williams infringed the copyright of Marvin Gaye’s 1977 song “Got To…
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THE ASA SEES THE LITE

The Advertising Standards Authority (ASA) handed down an interesting decision recently in the case of South African Breweries Ltd v Brandhouse Beverages (Pty) Ltd. Interesting because it’s a rare example of the ASA acknowledging that colour can play a trade…
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RED BULL TRADE MARK CASE

Red Bull has recently taken on another "bovine" in the form of an ox. A local brewery in Northern Virginia in the USA, the Old Ox Brewery, has received a letter of demand and is currently in litigation around the…
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THE KIT KAT CASE

The SCA decision in the case of Nestlé v Iffco is a big one. Here are the most important findings: • Nestlé’s 3D registrations for the shape of the Kit Kat bar were valid. They did not contravene the provision…
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EVOLYM v EVOLVE

On 1 December 2014 the Supreme Court of Appeal (SCA) handed down its judgement in the case of Yair Shimansky v Browns the Diamond Store. The issue was whether Shimansky – the owner of five jewellery stores and a registration…
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ROBERTSON WINES

The recent Supreme Court of Appeal (SCA) decision in the case of Roodezandt Ko-operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and the Registrar of Trade Marks isn’t ground-breaking, but there’s some interesting stuff in there. A company had a…
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ADWORDS

South Africa had its first AdWords decision recently. In the case of Cochrane v M-Systems, the issue was this: is it lawful for M-Systems– which competes with fencing company Cochrane, the owner of the big-selling ClearVu brand – to acquire…
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SPECSAVERS

The long-running European trade mark saga of Specsavers v Asda is of some interest to us in South Africa. It’s not necessary to go into the whole story, but what’s important is that Specsavers had a Community Trade Mark (European…
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WE MAY ALL GOOGLE, BUT IT IS STILL A TRADE MARK

Yes we may all use ‘google’ as a verb, and say that we’re going to ‘google’ something when we simply mean that we’re going to search for it using whatever search engine we happen to favour. Yet Google is, for…
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